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<h2>About This Content</h2>
 
<p>June 25, 2008</p>	
<h3>License</h3>

<p>The Eclipse Foundation makes available all content in this plug-in (&quot;Content&quot;).  Unless otherwise 
indicated below, the Content is provided to you under the terms and conditions of the
Eclipse Public License Version 1.0 (&quot;EPL&quot;).  A copy of the EPL is available 
at <a href="http://www.eclipse.org/legal/epl-v10.html">http://www.eclipse.org/legal/epl-v10.html</a>.
For purposes of the EPL, &quot;Program&quot; will mean the Content.</p>

<p>If you did not receive this Content directly from the Eclipse Foundation, the Content is 
being redistributed by another party (&quot;Redistributor&quot;) and different terms and conditions may
apply to your use of any object code in the Content.  Check the Redistributor's license that was 
provided with the Content.  If no such license exists, contact the Redistributor.  Unless otherwise
indicated below, the terms and conditions of the EPL still apply to any source code in the Content
and such source code may be obtained at <a href="http://www.eclipse.org">http://www.eclipse.org</a>.</p>

<h3>Third Party Content</h3>

<p>The Content includes items that have been sourced from third parties as set out below. If you 
did not receive this Content directly from the Eclipse Foundation, the following is provided 
for informational purposes only, and you should look to the Redistributor's license for 
terms and conditions of use.</p>

<h3>ActiveMQ JMS API v3.1M5</h3>

<p>This plugin is based on software developed by Apache ActiveMQ project team at 
<a href="http://activemq.apache.org/">http://activemq.apache.org/</a>.
A copy of this library is distributed within this plugin and
therefore this plugin is subject to the Apache License version 2.0, a copy of the license is contained
in the file <a href="asl-v20.txt">asl-v20.txt</a> and 
at <a href="http://www.apache.org/licenses/LICENSE-2.0">http://www.apache.org/licenses/LICENSE-2.0</a>.
</p>

<p>
More specifically:</p>

<p></p>

<pre>

                                 Apache License
                           Version 2.0, January 2004
                        http://www.apache.org/licenses/

   TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

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   See the License for the specific language governing permissions and
   limitations under the License.
</pre>

<h3>BEA Systems Weblogic 10.0 JMS Thin Client</h3>

<p>This plugin is based on software developed by BEA Systems</a>.
A copy of this library is distributed within this plugin and
therefore this plugin is subject to the BEA SYSTEMS, INC. SOFTWARE LICENSE
AGREEMENT below</a>.
</p>


<p align="center"><strong>BEA SYSTEMS, INC. SOFTWARE LICENSE
AGREEMENT</strong></p>
<p>USE OF SOFTWARE ORDERED FROM BEA SYSTEMS, INC. (&ldquo;BEA&rdquo;) IS
PROVIDED
  ONLY UNDER LICENSE FROM BEA. PLEASE READ THE FOLLOWING LICENSE,
INCLUDING SUPPLEMENTAL
  TERMS AT THE END, IF ANY, CAREFULLY AND INDICATE YOUR ACCEPTANCE BY
CLICKING
  THE ACCEPTANCE BOX. CERTAIN CAPITALIZED TERMS ARE DEFINED IN SECTION
11. </p>
<p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LICENSE TERMS </p>
<p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; WebLogic SDK
Use.&nbsp; The
  terms of this Section 1(a) are applicable to you if you have
registered as
  a WebLogic SDK customer. Subject to the terms of this Agreement, BEA
grants
  to you a non-exclusive, non-transferable, royalty-free license to use
WebLogic
  SDK solely for Personal Use for the number of users and/or developers
and the
  number of CPU&rsquo;s, Servers and/or at the Sites, as specified at
the time
  of registration. Third party software products or modules supplied by
BEA,
  if any, may be used solely with the Software. All rights not
specifically granted
  to you herein are retained by BEA.</p>
<p>&nbsp;</p>
<p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Evaluation
Use.&nbsp; The
  terms of this Section 1(b)are applicable to you if you have registered
as an
  Evaluation Use customer. Subject to the terms of this Agreement, BEA
grants
  to you a non-exclusive, non-transferable, license to use the Software
solely
  for Evaluation Use. Third party software products or modules supplied
by BEA,
  if any, may be used solely with the Software, and may be subject to
your acceptance
  of terms and conditions provided by such third parties. This license
begins
  upon downloading and ends if and when terminated by BEA in accordance
with
  this Agreement. When the license terminates you must stop using the
Software.&nbsp; All
  rights not specifically granted to you herein are retained by
BEA.&nbsp;  Note
  that not all Software is available for Evaluation Use. &nbsp;Your
Evaluation
  Use license shall terminate on the earlier of: (i) the license key
provided
  by BEA expiring or ceasing to function; (ii) at any time upon notice
from BEA;
  or (iii) the expiration date&nbsp;indicated&nbsp;in&nbsp;any related
BEA quotation
  or order document.</p>
<p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Development Use.
The terms
  of this Section 1(c) are applicable to you if you have registered as a
Development
  Use customer. Subject to the terms of this Agreement, BEA grants to
you a non-exclusive,
  non-transferable, fee-bearing license to use the Software solely for
Development
  Use for the number of users and the number of CPU&rsquo;s, Servers
and/or at
  the Sites, as specified on BEA&rsquo;s invoice. Third party software
products
  or modules supplied by BEA, if any, may be used solely with the
Software. All
  rights not specifically granted to you herein are retained by BEA.
</p>
<p>d.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Production Use.
The terms
  of this Section 1(d) are applicable to you if you have registered as a
Production
  Use customer. Subject to the terms of this Agreement, BEA grants to
you a non-exclusive,
  non-transferable, fee-bearing license to use the Software solely for
Production
  Use on the number of&nbsp; CPU&rsquo;s, Servers and/or at the
Sites,&nbsp; as
  specified on BEA&rsquo;s invoice. Third party software products or
modules
  supplied by BEA, if any, may be used solely with the Software.&nbsp;
If you
  integrate the Software into an application and intend to resell the
resulting
  integrated application you must contact BEA to obtain the appropriate
distribution
  license. All rights not specifically granted to you herein are
retained by
  BEA. </p>
<p>e.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Restrictions on
Use.&nbsp;  Whether
  the Software is being licensed for WebLogic SDK Use, Evaluation Use,
Development
  Use or Production Use, you may not reverse engineer, decompile or
disassemble
  and you may not otherwise attempt to determine source code or
protocols from
  the Software and you may not disclose the results of software
performance benchmarks
  to any third party without BEA&rsquo;s prior written consent.&nbsp;
You may
  not alter, modify or otherwise manipulate WebLogic SDK, or the
applicable license
  key, or attempt to do any of the foregoing, in order to use WebLogic
SDK other
  than in Development Use or in Scale-Limited mode.&nbsp; Additional
restrictions,
  if any, with respect to third party software or BEA software will be
delivered
  to you along with your license key.&nbsp; You are forbidden from using
Evaluation
  Use Software for Production Use or Development Use.&nbsp;  You are
forbidden
  from using Evaluation Use or Development Use Software for Production
Use. You
  may not lease, rent, resell or sublicense the Software to any third
party,
  or otherwise use it except as permitted in this
Agreement.&nbsp;&nbsp;&nbsp; You
  may only deploy one instance of portal search, including IDOL server,
HTTP
  Search, AutoIndexer and ODBC Search, per instance or implementation of
BEA
  WebLogic Portal. In addition to the 1 production instance of the IDOL
server,
  HTTP Fetch, AutoIndexer and ODBC Fetch components, BEA WebLogic Portal
customers
  may deploy 1 instance for testing and 1 instance for hot
backup/failover (which
  may only go live in the event that the machine running the production
instance
  goes down).&nbsp; Use of the TIBCO Rendezvous Control and Event
Generator included
  with BEA WebLogic Integration in no manner confers or grants any right
or license
  to use TIBCO Rendezvous&nbsp; including &ldquo;dynamic
libraries&rdquo;.&nbsp;&nbsp;&nbsp;In
  order to use such TIBCO products, you must obtain a valid license from
TIBCO.&nbsp; Your
  use BEA Workshop for WebLogic is limited to use with BEA WebLogic
Server only.&nbsp;  Use
  of BEA Workshop for WebLogic with any other application server is
prohibited
  and shall constitute a material breach of this
agreement.&nbsp;&nbsp;&nbsp;&nbsp; <br>
  &nbsp;&nbsp; <strong></strong><br>
  f.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Ownership
Rights.
  You may modify the Software in accordance with the Documentation
solely to
  allow for interoperability with your internal MIS system.&nbsp; Such
modifications
  shall not be derivative works, nor shall you create or attempt to
create any
  derivative works from the Software. Title, ownership rights and all
intellectual
  property rights in and to the Software shall remain the sole and
exclusive
  property of BEA.</p>
<p>g.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Copies and Number
of Users.&nbsp;  The
  terms of this Section 1(f) are applicable to you if you are a
Development Use
  customer or Production Use customer. You may make a reasonable number
of copies
  of the Software and Documentation (provided that all copyright and
other proprietary
  notices of BEA and its licensors are reproduced), solely for archival
purposes.
  If you do copy for this purpose, you will preserve any proprietary
rights notices
  on the Software and place such notices on any and all copies you made
or make.&nbsp; If
  you would like to change&nbsp; the number of Users, or number or
identity of
  Sites, CPU&rsquo;s and/or Servers indicated on your invoice, you must
contact
  BEA in writing for our approval; you may be subject to additional
fees. </p>
<p>h.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Territory.&nbsp;
The license
  grants hereunder are limited to use within the Territory.</p>
<p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Audit.&nbsp;
BEA
  may, at any time with seven (7) days prior written notice, request and
gain
  access to your premises subject to your security procedures, for the
limited
  purpose of conducting an audit to determine and verify that you are in
compliance
  with these terms and conditions.&nbsp; You will promptly grant such
access
  and cooperate with BEA in the audit.&nbsp; The Audit will be conducted
in a
  manner not intended to unreasonably disrupt your business and will be
restricted
  in scope, manner and duration to that reasonably necessary to achieve
its purpose.&nbsp; You
  will be liable for promptly remedying discrepancies revealed during
the audit,
  including reimbursement to BEA for the costs of the Audit and any
underpayments.</p>
<p>2. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LICENSE FEES. </p>
<p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Payment and
Taxes.&nbsp; In
  consideration of the applicable license(s) granted pursuant to
Sections 1(b),
  1(d) or 1(e), you agree to pay BEA the total non-refundable and
non-cancelable
  license fee(s) within thirty (30) da&rsquo;s of BEA's invoice. You
will pay
  all sales, use, VAT and other consumption taxes, personal property
taxes and
  other taxes (other than those based on BEA&rsquo;s net income) unless
you furnish
  BEA with written proof of exemption.&nbsp; BEA may assess interest
charges
  of one percent (1%) per month for late payments.</p>
<p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Foreign
Taxes.&nbsp; If
  you download and/or use the Software outside the United States, you
agree that
  the amounts to be remitted to BEA are to be the actual amounts due
without
  withholding taxes or other assessments by authorities anywhere in the
foreign
  location, which withholding taxes or assessments you agree to pay. You
will
  promptly furnish BEA with certificates evidencing payment of such
amounts. </p>
<p>3. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; SUPPORT SERVICES&nbsp;
</p>
<p>You must purchase annual Support Services from BEA in order to
qualify for
  the Support Services described in detail at <a
href="http://www.bea.com/support/programs.html">http://www.bea.com/suppo
rt/programs.html</a>.<br>
  .</p>
<p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Support Services.
Support
  Services generally means that BEA will provide: (i) Maintenance
Updates and
  Upgrades (&ldquo;Maintenance Releases&rdquo;) if, as and when BEA
makes any
  such Maintenance Releases generally available&nbsp; and (ii)
helpdesk&nbsp; assistance
  with respect to the Software, including (a) clarification of functions
and
  features; (b) clarification of documentation; (c)&nbsp; guidance in
the operation
  of the Software; and (d) Software error analysis. BEA will use
reasonable efforts
  to provide error corrections or work-arounds for the most severe
errors as
  soon as possible and based upon BEA&rsquo;s classification of the
severity
  of the error. Support Services will be provided only with respect to
versions
  of the Software that, in accordance with BEA policy, are then being
supported
  by BEA. </p>
<p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Your
Responsibilities.
  You agree to provide BEA with reasonable access to your personnel and
equipment,
  if necessary, during normal business hours in order to provide Support
Services.
  You agree to document and promptly report all errors or malfunctions
of the
  Software to BEA.&nbsp;&nbsp; You agree to pay the Support Services
fees when
  due, and if you do not do so within thirty (30) days after any such
amount
  becomes due, BEA may suspend performance of its Support Services
obligations.</p>
<p>4. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LIMITED WARRANTY </p>
<p>a.&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Limited Warranty.&nbsp;
With
  respect to the Software licensed for a fee for Development Use or
Production
  Use, BEA warrants that the Software will conform in all material
respects to
  the Documentation for a period of ninety (90) days from the date of
delivery
  of the Software.&nbsp; BEA does not warrant that operation of the
Software
  will be uninterrupted or &ldquo;bug&rdquo; free.&nbsp;  If BEA
breaches the
  foregoing warranty and you promptly notify BEA in writing of the
nature of
  the breach, BEA shall make commercially reasonable efforts to promptly
repair
  or replace the non-conforming Software, without charge.&nbsp; If,
after a reasonable
  opportunity to cure, BEA does not repair or replace the non-conforming
Software,
  you must return the Software and the Documentation to BEA, or certify
in writing
  that all copies have been destroyed, and BEA will refund the fees it
received
  for the Software to you.&nbsp; This is your sole and exclusive remedy
for breach
  of the exclusive warranty set forth above </p>
<p>b. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Disclaimer.&nbsp; THE
FOREGOING
  WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED,
  INLCUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A
  PARTICULAR PURPOSE. </p>
<p>5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LIMITATION OF
LIABILITY </p>
<p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Evaluation Use;
WebLogic
  SDK Use.&nbsp; Evaluation Use Software and WebLogic SDK are provided
gratuitously
  and, therefore, BEA and its suppliers shall not be liable for any
direct, indirect,
  incidental, special, punitive or consequential damages under any
theory of
  liability whether in tort, contract, strict liability or otherwise
even if
  advised of the possibility of such damages. </p>
<p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Development Use
and Production
  Use.&nbsp; With respect to Development Use and Production Use,
BEA&rsquo;s
  aggregate liability to you for damages concerning performance or
nonperformance
  by BEA or in any way related to this Agreement, and regardless of
whether the
  claim for such damages is based in contract, tort, strict liability of
otherwise,
  shall not exceed the license fees received by BEA for the affected
Software
  for the twelve (12) month period preceding the occurrence of such
liability.
  In no event shall BEA be liable for any indirect, incidental, special,
punitive
  or consequential damages, lost data or lost profits, even if BEA has
been advised
  as to the possibility of such damages.</p>
<p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Applicability.&nbsp; Some
  States do not permit disclaimers of certain warranties or limitations
on certain
  types of liability under certain circumstances; consequently, some of
the foregoing
  disclaimers and limitations may not be applicable to you, in whole or
in part. </p>
<p>6. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; SOFTWARE CHANGES. </p>
<p>BEA reserves the right at any time not to release or to discontinue
release
  of any Software and to alter prices, features, specifications,
capabilities,
  functions, licensing terms, release dates, general availability or
other characteristics
  of the Software. </p>
<p>7. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;INTELLECTUAL
PROPERTY
  INDEMNIFICATION. </p>
<p>a. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Defense.&nbsp; If a
third party
  claims that your use of the Software infringes any United States
copyright,
  you must promptly notify BEA in writing.&nbsp; BEA will defend you
against
  such claim if you fully cooperate with BEA and allow BEA to control
the defense
  and all related settlement negotiations, and then BEA will indemnify
you from
  and against any damages finally awarded for such infringement.</p>
<p>Injunctive Relief.&nbsp; If an injunction is sought or obtained
against your
  use of the Software as a result of a third party infringement claim,
BEA may,
  at its sole option and expense, (i) procure for you the right to
continue using
  the affected Software, (ii) replace or modify the affected Software
with functionally
  equivalent software so that it does not infringe, or, if either (i) of
(ii)
  is not commercially feasible, (iii) terminate the licenses and refund
the license
  fees received for the affected Software on a pro rata basis using a
thirty
  six (36) month amortization schedule.</p>
<p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Disclaimer of
Liability.&nbsp;  BEA
  shall have no liability for any third party claim of infringement
based upon
  (i) use of other than the then current, unaltered version of the
applicable
  Software, unless the infringing portion is also in the then current,
unaltered
  release; (ii) use, operation or combination of the applicable Software
with
  non-BEA programs, data, equipment or documentation if such
infringement would
  have been avoided but for such use, operation or combination; or (iii)
any
  third party software.&nbsp;  The foregoing constitutes the entire
liability
  of BEA, and your sole and exclusive remedy with respect to any third
party
  claims of infringement. </p>
<p>8. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; TERM AND TERMINATION.
</p>
<p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Acceptance of
Agreement;
  Termination.&nbsp; This Agreement takes effect upon the earlier of (i)
your
  electronic indication of your selection of the ACCEPTANCE button at
the end
  of this License Agreement, (ii) your downloading of the Software,
(iii) your
  use of the Software, or (iv) receipt by BEA of a valid, binding
purchase order,
  Agreement or other ordering document for the Software, and will remain
in force
  until terminated in accordance with this Agreement.&nbsp; This
Agreement may
  be terminated by you upon thirty &rsquo;30) days' prior written notice
to BEA
  or by destroying or returning to BEA&nbsp; all copies and partial
copies of
  the Software and Documentation under your control; provided that no
such termination
  will entitle you to a refund of any portion of the License or Support
Services
  Fees. BEA may, by written notice to you, terminate this Agreement
immediately
  if any of the following events occur: (a) you fail to pay any amount
due to
  BEA within thirty (30) days after BEA gives you written notice of such
nonpayment;&nbsp; (b)
  you are in material breach of any non-monetary provision of this
Agreement,
  which breach, if capable of being cured, is not cured within thirty
(30) days
  after BEA gives you written notice thereof, or (c) you declare
bankruptcy or
  make an assignment to or for the benefit of creditors.</p>
<p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Survival.&nbsp;&nbsp; Upon
  termination of this Agreement for non-default, the provisions of
Sections 1,
  2, 4(b), 5, 7(c), 8, 10 and 11 will survive.&nbsp;  Upon termination
of this
  Agreement for default, the provisions of Sections 1(f), 1(g), 1(j), 2,
4(b),
  5, 7(c), 8, 9, 10 and 11 will survive.</p>
<p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Effect of
Termination.
  Within thirty (30) days after the date of termination or
discontinuance of
  this Agreement for any reason whatsoever, you shall destroy the
Software and
  all copies, in whole or in part, all Documentation relating thereto,
and any
  other BEA confidential information in your possession that is in
tangible form. </p>
<p>9. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNITED STATES
GOVERNMENT RIGHTS. </p>
<p>The Software provided under this Agreement is commercial computer
software
  developed exclusively at private expense, and in all respects are
proprietary
  data belonging solely to BEA. </p>
<p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Department of
Defense End
  Users: If the Software is acquired by or on behalf of agencies or
units of
  the Department of Defense (DOD), then, pursuant to DoD FAR Supplement
Section
  227.7202 and its successors (48 C.F.R. 227.7202) the Government's
right to
  use, reproduce or disclose the Software and any accompanying
documentation
  acquired under this Agreement is subject to the restrictions of this
Agreement. </p>
<p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Civilian Agency
End Users:
  If the Software is acquired by or on behalf of civilian agencies of
the United
  States Government, then, pursuant to FAR Section 12.212 and its
successors
  (48 C.F.R. 12.212), the Government's right to use, reproduce or
disclose the
  Software acquired under this Agreement is subject to the restrictions
of this
  Agre. </p>
<p>10. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MISCELLANEOUS. </p>
<p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Force
Majeure.&nbsp;  Neither
  party shall be liable for any delay or failure in performance due to
causes
  beyond its reasonable control.&nbsp; </p>
<p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Export Compliance.
You
  may not download or otherwise export or re-export the Software or any
underlying
  information or technology except in full compliance with all United
States
  and other applicable laws and regulations. In particular, but without
limitation,
  none of the Software or underlying information or technology may be
downloaded
  or otherwise exported or re-exported (a) into (or to a national or
resident
  of) Cuba, Iran, North Korea, Syria, or Sudan, or (b) to anyone on the
US Treasury
  Department's list of Specially Designated Nationals or the US Commerce
Department's
  Table of Denial Orders. By licensing the Software, you are agreeing to
the
  foregoing and you are representing and warranting that you are not
located
  in, under control of, or a national or resident of any such country or
on any
  such list.</p>
<p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Assignment. You
may not
  assign this Agreement without BEA&rsquo;s prior written <br>
  consent.</p>
<p>d.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Severability.&nbsp; If
  any part of this Agreement is held to be unenforceable, in whole or in
part,
  such holding will not affect the validity of the other parts of the
Agreement.</p>
<p>e.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Waiver.&nbsp; The
waiver
  of a breach of any provision of this Agreement will not operate or be
interpreted
  as a waiver of any other or subsequent<br>
  &nbsp;breach.</p>
<p>f.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Notices.&nbsp; All
  notices permitted or required under this Agreement shall be in writing
and
  shall be delivered in person, by FAX, overnight courier service or
mailed by
  first class, registered or certified mail, postage prepaid, to the
address
  of the party specified as accepting these terms and conditions upon
completion
  of the registration sheet and ACCEPTANCE of this Agreement by clicking
on the
  ACCEPTANCE<br>
  &nbsp;button.</p>
<p>g.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Governing Law and
Venue.&nbsp;  Notwithstanding
  the Territory, this Agreement will be governed by both the substantive
and
  procedural laws of California, U.S.A., excluding its conflict of law
rules.
  Any dispute regarding this Agreement will be heard in the state or
federal
  courts having jurisdiction in Santa Clara County, California, U.S.A.
and you
  agree that you shall be subject to the personal jurisdiction of such
<br>
  courts. </p>
<p>h.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Entire
Agreement.&nbsp; Any
  amendment or modification to the Agreement must be in writing signed
by both
  parties.&nbsp; This Agreement constitutes the entire agreement and
supersedes
  all prior or contemporaneous oral or written agreements regarding the
subject
  matter hereof. No terms, provisions or conditions of any purchase
order, acknowledgment
  or other business form that you may use in connection with the
licensing of
  the Software will have any effect on the rights, duties or obligations
of the
  parties hereunder, or otherwise modify this Agreement, regardless of
any failure
  of BEA to object to such terms, provisions or conditions.</p>
<p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Acceptance.&nbsp; The
  earlier of your (i) clicking on the ACCEPTANCE button, (ii)
downloading of
  the Software, (iii) use of the Software or (iv) receipt by BEA of a
valid,
  binding purchase order, Agreement or other ordering document for the
Software,
  constitutes an acceptance of the terms of this Agreement. If you do
not agree
  to be bound by these provisions, you are required to destroy all
copies of
  the Software from your equipment immediately.&nbsp; </p>
<p>11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; DEFINITIONS. </p>
<p>&nbsp;</p>
<p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&ldquo;Development Use&quot; means
  use of the Software by a Development Use customer to design, develop
and/or
  test new applications for Production Use.</p>
<p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&quot;Documentation&quot; means
  BEA&rsquo;s current user manuals, operating instructions and
installation guides
  generally provided with the Software to its licensees. </p>
<p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&ldquo;Error&rdquo; means
  a failure of the Software to conform to the specifications as set
forth in
  the Documentation, resulting in the inability to use the Software or a
material
  restriction in use of the Software.</p>
<p>d.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;Evaluation
Use&rdquo; means
  use of the Software solely for evaluation and trial for new
applications intended
  to be run on or in conjunction with Production Use Software.</p>
<p>e.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;Personal
Use&rdquo; is
  Development Use that is personal and non-commercial in nature.&nbsp; A
use
  is non-commercial if Customer does not directly or indirectly use
Software
  to operate a commercial enterprise, engage in commercial transactions
or otherwise
  for pecuniary gain.&nbsp; While an academic institution may not make
Personal
  Use of Software, individual students may qualify as Personal Use
users.</p>
<p>f.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&ldquo;Maintenance
  Release&rdquo; means a subsequent version of the Software that
includes Updates
  and/or Upgrades.</p>
<p>g.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&ldquo;Multi-instance Configuration&rdquo; means
  operating multiple instances of Software concurrently where more than
one instance
  is accessible from a single network address, regardless of the
technology used
  to create such a configuration. Multi-instance Configuration includes,
but
  is not limited to, multiple instances of Software running on the same
physical
  computer, as well as all clustered configurations</p>
<p>h.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &quot;Production
Use&quot; means
  using the Software in your application for internal business purposes
only
  which may include third party customers&rsquo; access to or use of
such applications.
  Production Use does not include the right to reproduce the Software
for sublicensing,
  resale, or distribution, including without limitation, operation on a
time
  sharing or service bureau basis or distributing the Software as part
of an
  ASP, VAR, OEM, distributor or reseller arrangement.</p>
<p>&nbsp;</p>
<p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&quot;Server&quot; means
  a single computer processor capable of executing the Software. <br>
  k.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &quot;Site&quot;
means the
  specific, physical location of a Server, as set forth on your
registration
  form.</p>
<p>j.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&rdquo;&rdquo;Software&quot; means
  the object code versions, extracts and/or derivative works of the
software
  electronically downloaded from BEA&rsquo;s website upon acceptance of
this
  Agreement, and the related Documentation, including Maintenance
Releases provided
  pursuant to the standard Support Services Terms and Conditions. </p>
<p>k.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;Support
Services&rdquo; means
  technical support for Software under BEA&rsquo;s then current
policies. </p>
<p>l.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&ldquo;Support Services
  Term&rdquo; means the first year after the Effective Date of the
applicable
  Software License Agreement and the related Order, plus any respective
renewal
  terms.</p>
<p>m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;Territory&rdquo;
means
  the geographical territory into which you download the Software or
indicate
  acceptance of this Agreement .</p>
<p>n.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&ldquo;Update&rdquo;&nbsp; means
  either a Software modification or addition that, when made or added to
the
  Software, corrects the Error, or a procedure or routine that, when
observed
  in the regular operation of the Software, eliminates the practical
adverse
  effect of the Error on customer.</p>
<p>o.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&ldquo;Upgrade&rdquo; means
  a revision of the Software released by BEA to its end user customers
generally,
  during the Support Services Term, to add new and different functions
or to
  increase the capacity of the Software.&nbsp; Upgrade does not include
the release
  of a new product or added features for which there may be a separate
charge.&nbsp; If
  a question arises as to whether a new product offering is an Upgrade
or a new
  product or feature, BEA&rsquo;s opinion will prevail, provided that
BEA treats
  the product offering as a new product or feature for its end user
customers
  generally.</p>
<p>p.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;WebLogic
SDK&rdquo; means
  that certain Software product designated as BEA WebLogic
SDK.&nbsp;&nbsp;</p>
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